DUNGARDAS Vs. CUSTODIAN RAJASTHAN

JUDGEMENT

(1.) This is an application by Dungardas and another under Article 226 of the Constitution against the Custodian Evacuee Property, Rajasthan, and the Deputy Custodian Evacuee Property, Ganganagar.

(2.) Dungardas's case briefly was that certain proceedings were taken against him by the Additional Custodian, Ganganagar, for recovery of a sum of Rs. 8000/- said to have been deposited with him by one Moulabux who later became an evacuee. These proceedings were dropped in August, 1949. Thereafter, fresh proceedings in the same master were started by the Deputy Custodian, Evacuee Property Ganganagar in October, 1952. Dungardas objected to fresh proceedings being taken on the ground that the matter had already been adjudicated upon in 1949. This objection was overruled, and Dungardas was directed to deposit the amount along with 6% interest. He preferred an appeal to the Custodian, which was dismissed. Thereafter, he went in revision to the Custodian General, New Delhi, and the revision was dismissed on 7-1-1955. The other applicant Sohan-singh has been joined because during the proceedings in the Evacuee Department he became surety for the payment of the amount by Dungardas. The present application was filed in February, 1955, after the Custodian General had rejected the revision of the applicant.

(3.) A preliminary objection has been raised that this Court has no jurisdiction to pass any order against the Custodian General, New Delhi, and as the order of the Deputy Custodian, Ganganagar, has been upheld and confirmed by the Custodian General in revision, the applicant cannot ask this Court to issue a writ to the Deputy Custodian Ganganagar as that would not be of any help to the applicant.